Stuart Bornstein's Fishermen's Village, an 18-unit upscale condo project for Freezer Point on Barnstable Harbor, may be attractive, but members of the Barnstable Village Civic Association would prefer something else: nothing. Bornstein made his third appearance before the civic association Monday evening at the Sturgis Library, presenting rendering, plans and a new concept to gain town approval. He said that he will seek a zoning change to allow residential use within the marine business district in which the property is located.

Throughout the meeting there were thoughtful questions about the proposal, interspersed with comments that led to the conclusion that most would prefer the land to remain vacant.

"We do have the right to do 48,000 square feet," Bornstein said. "I agree with you it's not the place."

He was referring to the types of projects he would be allowed to pursue without zoning relief under the marine business district. Bornstein said that he had spoken to "all of the councilors" and counted those supportive of the zoning change concept as being "in the majority."

The 2,000-square-foot, two-story condominiums would be three feet off the ground to address their location within a flood zone, but Bornstein said that it would be difficult to even notice, because the supporting structure would be screened.

What surprised many in the audience was Bornstein's explanation of who's interested in buying the units, which would sell for $800,000 to $1.2 million.

"I have deposits for about 14 right now," he said, later saying that all but two have come from the village, with the others coming from those with Northside ties.

Town Councilor Ann Canedy, who is on record in this paper as opposing a zoning change for the project, addressed some of Bornstein's claims. Canedy said that any proposal for the property would be required to go through the same permitting process as any other project.

"I don't want you to be frightened into another use," Canedy told the audience. She added that in her counting, she did not believe that there were enough votes on the council to change the zoning.

Barnstable Village resident Lou Cataldo, who has been involved in any number of history-related projects , spoke favorably about the plan. In particular, he said that the inclusion of a working lighthouse on the harbor made it a "shiny jewel."

As of Right

Bornstein spent some time explaining what he could do "as of right" on the property, meaning what would be allowed under the marine business district's zoning. He held up renderings of a prior proposal for a research/educational/office facility of 48,000 square feet, saying that it was actually less square footage than what could be done on the parcel. That proposal, which included two wind turbines, was referred to the Cape Cod Commission where it received a procedural denial because of incomplete information.

The property once held a 40-thousand-square-feet-plus freezer building that extended out over the harbor. That was condemned and demolished in 1998. After indicating what could be done, Bornstein said that he didn't think that was the right thing for the property, given its location on the harbor and also because of the narrow road that services it. He said he sought the advice of "someone who's given him more problems on this project" and asked what would be acceptable.

That person was Ron Jansson, an attorney, village resident and member of the town's zoning board of appeals. Jansson wrote the decision that denied an earlier Bornstein proposal for an affordable housing project on Freezer Point as a member of the zoning board of appeals. Despite an appeal to the state, that decision was not overturned.

But this time out, Jansson spoke favorably on Bornstein's proposal. That he was providing advice to the developer caused Jansson to confer with his ZBA colleagues and inform them that he could not sit on any proposal for the property if and when it came forward, and he removed himself from that process.

Jansson took a similar approach as Bornstein's earlier comments, indicating what could be done under existing zoning with the property. With the understanding that something is going to happen with the property, he said, this proposal should be given all due consideration.

Jansson also said that it was his idea to take 15,000 square feet of the property and create a park with public access.

Bornstein brought his proposal to the Old King's Highway Historic District Committee last month, where it was deemed to have insufficient information supplied.

Both Cataldo and Jansson are involved in the restoration of the Sandy Neck Lighthouse to return the lantern to the top, a project for which Bornstein has indicated a willingness to assist, as reported by this paper in November.